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Home My Public Portal AboutConservation Commission -- 2022-01-11 Minutes Town of Brewster Conservation Commission Etoeq 'e Oti ,, OF RFfr, 1657 Main St., Brewster, MA 02631 conservation@brewster- ma . gov O t (508) 896 - 4546 to MEETING MINUTES - - ��ii /OVCO POR03 Remote Participation Only - - //��rr/lrll%/1111IIIIII, 603 January 11 , 2022 6: 00 PM This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021 . No in-person meeting attendance Conservation will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town Commission website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream. brewster-ma. gov), Michael Tobin or Video recording (tv. brewster- ma.gov) . Chairman Commissioners Present: Michael Tobin, Casey Chatelain, Bruce Evans, Gary Kaser, Peter Wells Commissioners Absent: N/A Casey Chatelain Staff Present: Noelle Aguiar (CA), Chris Miller (NR) Vice Chair Person Commissioners Call to Order Bruce Evans Meeting Declaration of Participation Statement Gary Kaser Peter Wells Public Comment / Citizens' Forum No public comment/citizens' forum at this time. Staff Requests for Determination of Applicability Natural Resources 1 . Continued — Mr. & Mrs. Shaby propose to construct three dormers to existing dwelling, 12 Widgeon Way, Director 126/28 (11 /21 -32) . Noelle Aguiar, CA states the applicants are requesting a continuance to January 25, 2022 to update the site plan . Conservation Administrator List of documents discussed during this hearing : a . Continuance Request to 1 .25. 22 Andreana Sideris, Assistant to Commissioner Bruce Evans moves to continue the hearing for Mr. & Mrs. Shaby at 12 Widgeon Way to January 25, Natural Resources 2022 to update the site plan . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter I Director and Wells — yes, Gary Kaser — yes, Casey Chatelain — yes. The Commission is 4 — Yes, 0 — No. Conservation Administrator Notices of Intent 1 . Continued - 279 Crocker Lane Realty Trust propose a vegetation management plan, to include the removal of 3 invasive species and replanting with native species, on coastal resource areas, 279 Crocker Lane, 69/6 (5/201 ) . CA states the applicants are requesting a continuance to January 25, 2022. I List of documents discussed during this hearing : a . Continuation to 1 . 25 .22 i 1 Commissioner Bruce Evans moves to continue the hearing for 279 Crocker Lane Realty Trust at 279 Crocker Lane to January 25, 2022. Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes . The Commission is 4 — Yes, 0 — No . i 9 2 . Continued - Mark Pellegrini proposes the creation of a landscape barrier adjacent to Japanese Knotweed, on 1139 Stony Brook Road 47/2 (23/38) . I CA states the Draft Orders of Conditions have been shared with the commissioners, representative and applicant. DEP has issued Pellegrini File Number SE 9- 1912. No questions or concerns have been brought up. CA recommends approving the Final Order of Conditions. Page 1 of 5 } i i r List of documents discussed during this hearing : a . Draft Orders of Conditions. Vegetation Management, 1139 Stony Brook Commissioner Bruce Evans moves to approve the Final Order of Conditions for Mark Pellegrini at 1139 Stony Brook Road . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes. The Commission is 4 — Yes, 0 — No. 3 . Continued - Walter Harris proposes to construct a roll -out walkway, storage shed, and kayak rack, on Coastal and Inland Wetlands, on 19 Muskrat Lane, 103/9 (9/3) . CA states the applicant is requesting a continuance to February 22, 2022. List of documents discussed during this hearing : a . Continuance Hearing Ltr to CC to 2-22-22 Hearing Commissioner Bruce Evans moves to continue the hearing for Walter Harris at 19 Muskrat Lane to February 22, 2022 . Commissioner Gary Kaser second . A roll call vote was taken. Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes . The Commission is 4 — Yes, 0 — No. Request for Certificate of Compliance 1 . Louise Wilson, removal and installation of new septic system, SE 9 -371 , 35 Captain Dunbar Road, 91 /38 (7/13 ) CA explains the work that was completed as detailed in the request and letter of compliance. CA states all required documents and fees have been received . CA recommends approving the Certificate of Compliance. List of documents discussed during this hearing : a . COC Request, SE 9 -371 Commissioner Bruce Evans moves to approve the Certificate of Compliance for Louise Wilson, SE 9-371 at 35 Captain Dunbar Road , Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes . The Commission is 4 — Yes, 0 — No . "Chair Michael Tobin joins the meeting at 6:07 P. M . 2 . Louise Wilson, coastal dune restoration and maintenance, SE 9 -858, properties 35, 41 and 47 Captain Dunbar Road, 91 /38, 91 /39, and 91 /40 (7/131 7/14, 7/15, and 7/16) i CA explains the work that was completed as detailed in the request and letter of compliance. CA states all required documents and fees have been received . CA recommends approving the Certificate of Compliance . i List of documents discussed during this hearing : 1 a . COC Request, SE 9-858 Commissioner Bruce Evans moves to approve the Certificate of Compliance for Louise Wilson, SE 9 -858 at 35, 41 , and 47 Captain Dunbar Road . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Michael Tobin — yes, Casey I Chatelain — yes. The Commission is 5 — Yes, 0 — No . 3 . Louise Wilson, coastal dune restoration and maintenance, SE 9 -991 , properties 35, 41 and 47 Captain Dunbar Road, 91 /38, 91 /39, and 91 /40 (7/13, 7/14, 7/15 , and 7/16) 1 CA explains the work that was completed as detailed in the request and letter of compliance. CA states all required documents and fees have been received . CA recommends approving the Certificate of Compliance. i List of documents discussed during this hearing : j a . COC Request, SE 9-991 Commissioner Bruce Evans moves to approve the Certificate of Compliance for Louise Wilson, SE 9 -991 at 35, 41 , and 47 Captain Dunbar Road . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes . The Commission is 5 — Yes, 0 — No . l Page 2 of 5 Conservation Commission Meeting Minutes — January 11 , 2022 i i 4. Louise Wilson, revetment work along coastal bank and dune, SE 9 - 1005, 35 Captain Dunbar Road, 91 /38 (7/13) CA explains the work that was completed as detailed in the request and letter of compliance. CA states all required documents and fees have been received . CA recommends approving the Certificate of Compliance . List of documents discussed during this hearing : a . COC Request, SE 9 - 1005 Commissioner Bruce Evans moves to approve the Certificate of Compliance for Louise Wilson, SE 9- 1005 at 35 Captain Dunbar Road . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes . The Commission is 5 — Yes, 0 — No. S . Louise Wilson, dwelling alterations and foundation repair within 50 feet of a coastal bank and coastal dune, SE 9 - 1161 , 35 Captain Dunbar Road, 91 /38 (7/13) CA explains the work that was completed as detailed in the request and letter of compliance. CA states all required documents and fees have been received . CA recommends approving the Certificate of Compliance . List of documents discussed during this hearing : a . COC Request, SE 9 - 1161 Commissioner Bruce Evans moves to approve the Certificate of Compliance for Louise Wilson, SE 9 - 1161 at 35 Captain Dunbar Road , Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 5 — Yes, 0 — No. 6. Louise Wilson, demolish an existing building and replace it with relocated dwelling within coastal dune resource areas, SE 9 - 1629, 35 Captain Dunbar Road, 91 /38 (7/13) CA notes the house construction has now been taken over by a new permit, SE 9- 1818 for 35 Captain Dunbar Road . CA explains the work that was completed as detailed in the request and letter of compliance. CA states all required documents and fees have been received . CA recommends approving the Certificate of Compliance. List of documents discussed during this hearing : a . COC Request, SE 9-1629 i Commissioner Bruce Evans moves to approve the Certificate of Compliance for Louise Wilson, SE 9 - 1629 at 35 Captain Dunbar Road . Commissioner Gary Kaser second . A roll call vote was taken. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 5 — Yes, 0 — No . l I Enforcement Order Ratification I 1 . Kerlin Crocker Lane Realty Trust, 217 Crocker Lane, 69/1 (5/206), unauthorized cutting and clearing of native vegetation on and within 50 feet of a coastal bank i s CA states she visited the property pursuant to a Certificate of Compliance request for several properties on Crocker Lane along the coastal bank. . CA describes the violations as detailed in the enforcement order and letter. CA emphasizes the cutting and clearing activities that took place within the past few years. CA recommends ratifying the enforcement order. List of documents discussed during this hearing : a . Enforcement Order. Vegetation Cutting and Clearing . 217 Crocker Lane j I Commissioner Bruce Evans moves to Ratify the Enforcement Order for Kerlin Crocker Lane Realty Trust at 217 Crocker Lane, Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes. { The Commission is 5 — Yes, 0 — No . i i r I Page 3 of 5 Conservation Commission Meeting Minutes — January 11 , 2022 1 i 1 i E Administrative Review 1 . Anne Daniels proposes the removal of two trees and limbing of one tree at 19 George Darby Cartway 33/41 (36/64-2), and 27 George Darby Cartway 33/42 (36/64- 1 ) CA describes the request as detailed in the application . CA states the department has received photos of the site and it has been assessed by an arborist. CA recommends approving the Administrative Review. List of documents discussed during this hearing : a . Administrative Review Application . Tree Removals. 19 and 27 George Darby. 1 .4. 22 Commissioner Bruce Evans moves to approve the Administrative Review for Anne Daniels at 19 George Darby Cartway, Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes . The Commission is 5 — Yes, 0 — No . Show Cause 1 . Timothy Corcoran Trustee, 524 Crowell 's Bog Road, 72/36 (41 /84), unauthorized cutting and clearing of native vegetation, operated machinery without erosion control — violation of Orders of Conditions SE 9 - 1873 Attorney Timothy Corcoran, trustee of and representative for 524 Crowell 's Bog Road, joins the meeting . CA describes the violations as detailed in the enforcement order and letter. CA notes that she was not made aware of when the work commenced on site, therefore no before work pictures are available to the Commission . John O'Reilly, J . M . O'Reilly & Associates, Inc., joins the meeting . Jason Pontbraint, Landscape Designer with Duxbury Gardners, joins the meeting . Jason states the issue falls onto himself with lack of communication/understanding with the tree company. Jason apologizes for not following the proper procedures for this project, and is willing to work with the commission to bring the project into compliance. In order to move the project forward, CA needs to conduct a site visit and receive an assessment of the trees cut, within jurisdiction, and re- stake the work limits. List of documents discussed during this hearing : a . Enforcement Order. 524 Crowells Bog Road i Commissioner Bruce Evans moves to continue the hearing for Timothy Corcoran, Trustee at 524 Crowell 's Bog Road to January 25, 2022. Commissioner Gary Kaser second . A roll call vote was taken. Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes . The Commission is 5 — Yes, 0 — No. 2 . Continued - Brown, 2628 Main Street, 78/14 (15/ 113 -2) Cutting and Clearing of vegetation within 25 feet of inland wetlands I CA attended a court meeting with Town Council at Barnstable Superior Court regarding the case at hand on January 6, 2022. CA describes the Court Order for Preliminary Injunction as detailed in the document and corresponding photos. Brown shall file a restoration plan and install/implement erosion control measures by Sunday February 22, 2022. The Commission decides to issue a second violation for the continued cutting and clearing activities taking place on Stephan Brown 's property. NR notes the DEP Wetland Layer on Brewster's Mapping Software shows the activities are taking place within wetland . The Commission can require an assesment to see how much fill has been put on the site and immediate sedimentation protection along the culvert. T.J . Hurrie, Attorney from the Law Offices of Bruce Bierhans, representing abutter Michael Jardus. Hurrie commends Town Council, the Commission and Staff. List of documents discussed during this hearing : a . KP-#795283 -v1 - BREW_ConCom_v_Brown_ PI Decision b . Unpermitted Cutting and Clearing with Machinery. 1 .5 . 2022 I Commissioner Bruce Evans moves to continue the hearing for Brown at 2628 Main Street to January 25, 2022, Commissioner Gary Kaser second . A roll call vote was taken. Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes. The Commission is 5 — Yes, 0 — No . j I i Page 4 of 5 Conservation Commission Meeting Minutes — January 11 , 2022 1 i i 3 . Continued - Karam, 330 Main Street, 15/20 (21 /30- 19), construction of addition, retaining walls and patios, vegetation clearing within 50 and 100 feet of inland wetlands CA states that she has not received any new correspondence from Karam . CA reached out to Jason Ellis of 1C Ellis Design via email on January 71 2022. CA recommends reaching out to Town Council and to follow their guidance. List of documents discussed during this hearing : a . Email Correspondence with Jason Ellis Regarding Permitting . 1 .9.22 Commissioner Bruce Evans moves to refer the hearing for Karam at 330 Main Street to Town Council . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes . The Commission is 5 — Yes, 0 — No . Commissioner Bruce Evans moves to continue both show cause hearings for Brown and Karam to January 25, 2022 , Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes . The Commission is 5 — Yes, 0 — No. Report of Natural Resources Director No report at this time Report of the Conservation Administrator CA seeks recommendations from the commission regarding a lawn restoration project within the buffer zone and an applicant using mapping software to propose a pathway. The commission determines if the property owners are not trying to expand the lawn and it is regular maintenance, than a permit is not necessary. However, it would be beneficial to have the property owner apply for an Administrative Review so the department can have documentation of the activity. CA states she is in communication with the Zevons of 619 Slough Road . They plan to use mapping softwarer to map their nature trail which goes through a wetland . Review and Approval of Meeting Minutes I 1 . October 12, 2021 Commissioner Bruce Evans moves to approve the meeting minutes for October 12, 2021 . Commissioner Gary Kaser second . A roll call vote was j taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 5 — Yes, 0 — No . 1 I Adjourn the Meeting Commissioner Bruce Evans moves to adjourn the meeting . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 5 — Yes, 0 — No . j 1 Meeting adjourned at 6: 57 P. M . i I j l I l 3 I a Page 5 of 5 Conservation Commission Meeting Minutes — January 11 , 2022 i i